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Committee advances experimental-treatment bill with licensing, liability and access provisions
Summary
The committee approved Senate Bill 535 as twice amended, adopting changes that remove licensure exemptions, strike broad immunity language, and add a provision requiring licensed experimental-treatment centers to allocate 2% of net profits to patient access or an insurance premium support account administered by DPHHS.
The House Health and Human Services Committee voted to advance Senate Bill 535 after adopting two substantive amendments that alter licensure, liability and access provisions for experimental-treatment centers.
Ms. Allen, committee staff, explained a packet of competing amendments to SB535 and said several resolve a conflict with HB414 over licensure exemptions. One adopted amendment (SB535.2.4) adds a "health freedom and access" requirement: licensed experimental-treatment centers would allocate at least 2% of net annual profits either to provide free experimental treatment to qualifying Montana residents or to contribute to an insurance premium support account in the state special revenue fund, allocated to the Department of Public Health and Human Services (DPHHS). Ms. Allen said DPHHS would determine qualifying residents and must report annually to the Children, Families, Health and Human Services interim committee.
Members debated licensure exemptions and immunity-from-suit language. Representative Cunningham asked whether the amendments ensure health care professionals are licensed and whether immunity remains; Ms. Allen said amendments dot 2.1 and dot 2.5 remove licensure-exemption language from the bill and dot 2.2 strikes the immunity-from-suit section. Attorney Mark Taylor of the Taylor Luther Group told the committee the bill as amended would not provide absolute immunity: "we are not, there is not absolute immunity ... It's qualified, and the standard of care that we're adopting is the same standard of care that was used for voluntary clinics," he said.
Vice Chair Buttrey moved the amendment SB535.2.4 and the roll call was recorded with the clerk reporting 20 for and 1 against; later the committee adopted SB535.2.2 (removing section 13 related to immunity) by roll call (announced as 12 for, 9 against). The committee then voted to pass SB535 as twice amended; the clerk announced '12 for aye and 9 for nay' and the bill passed out of committee.
Supporters argued the amendments preserve access and add reporting and contribution mechanisms; critics raised concerns about safety, reporting and the adequacy of informed consent language during the debate. The bill as amended provides DPHHS rulemaking and reporting responsibilities but does not itself create the final criteria for qualifying residents — that determination is assigned to DPHHS by the amendment.
